Sports Law - In the courtroom: Tort law and product liability
This is an excerpt from Introduction to Sport Law by John O. Spengler, Paul M. Anderson, Daniel P. Connaughton, and Thomas A. Baker III.
Day v. Ouachita Parish School Board et al. (2002)
As a member of the freshman football team at West Monroe High School (WMHS), Morgan Day was required to participate in a weight training class held during school hours. The class was supervised by WMHS’ strength coach and three other coaches. Sixty football players were divided into five groups and were supervised by one of the coaches. Several senior students on the team helped the coaches supervise and instruct the class participants.
During one of the classes, Morgan injured his back while lifting weights. The next day, he played in a freshman football game even though his back was bothering him. Shortly thereafter, Morgan sought medical treatment. After an examination, the treating orthopedic surgeon provided Morgan with a written medical excuse which stated, "(1) No football for 1 week (2) No weightlifting, squats or power cleans. Diagnosis-lumbar strain and injured L-5 disc" (p. 1040).
Morgan presented the note to the freshman coach and the note was posted in the office. The coaches testified that they believed the physician’s note meant that Morgan could not participate in football or weightlifting for 1 week. Morgan and his mother claimed that they interpreted the note to mean that Morgan could not play football for 1 week and could not lift weights for an indefinite amount of time.
One day after the medical excuse was posted, Morgan was observing the class but not lifting weights when an assistant coach instructed him to perform a dumbbell power clean push press. Morgan reminded the coach that he was medically excused; however, the coach insisted that the exercise would not affect his low back. After performing a few repetitions of the exercise, Morgan experienced severe pain and needed to lie down.
Morgan again saw the orthopedic surgeon complaining of back pain. Magnetic resonance imaging revealed a disc protrusion between the fourth and fifth vertebrae. The physician wrote another medical excuse that prohibited Morgan from all weightlifting and football activities until further notice. Morgan was referred to another specialist. He also went to other orthopedic surgeons and a neurosurgeon.
After the disc injury, Morgan was unable to play high school football or baseball. He lost interest in school and failed his classes because of excessive absences. He withdrew from WMHS and enrolled in an alternative school. Morgan’s mother sued the school board and the coach who instructed Morgan to perform the lift after the medical excuse had been delivered.
The trial court found the defendants liable for Morgan’s back injury (Day v. Ouachita Parish School Board et al., 2002).
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Keith
Keith Irving
iStadia
Results of the iStadia Member Survey 2009
Here are the results form the survey carried out in March. Around 7% of our membership have completed the survey to date. It will be updated as more completed surveys are received. To add to this feedback, feel free to contribute by posting a comment.
Summary
• There appears to be a gap between those that understand how they can get the most out of iStadia (pro-active 29%) and those that respond to others (reactive at 52%). More needs to be done to engage ‘reactive’ members.
• Networking is seen as useful to very important for half our members but of little use to the other half. iStadia can see that members use networking less than in other sectors and realises that it has in important role to play to get members to understand the importance of social media.
• iStadia is seen as a valuable knowledge resource supported by having access to reasonably priced academic (peer reviewed) articles at a suggested price of $10.75 (£7.50, Euros 8).
• iStadia is popular for job searches
• iStadia assists professionals, executives, practitioners and academics promote themselves (and their organisations) to increase reputations and win business but this is not valued by many members. More will be done to inform them about the benefits of global coverage that can stem from a good Profile and linked content.
• Greater interactivity was a common request. This will be incorporated into the next phase of iStadia development though additional activity from ‘reactive’ members is also needed.
• There was poor awareness (23% to 47%) of the availability of the ‘invite your contacts’ facility, the range of products on the MarketPlace and the range of discounts available to paying members. This was slightly better (51% to 64%) for the benefits of linked content, the availability of private clubs and that the use of News is available for all members.
A summary of respondents answers is as follows:
1.On average how often do you use iStadia?
14% use iStadia once or more than once per day which goes up to 29% when added to those who use it once or more than once per week. However 52% only use it when they get email or other notifications.
2.Which areas of iStadia do you find most useful?
Articles and jobs were seen as the most useful. Networks which will be seen later are not viewed as useful (Q7).
Here are the top 5:
Articles 52%
Jobs 39%
My Profile 31%
MyStadia 25%
Blogs 23%
Networks 20%
3.How would you rate iStadia's use to you?
Sharing/obtaining knowledge was seen as important with 79% finding this quite/very useful or invaluable.
Networks was seen as reasonably useful with 51% indicating this as quite/very useful but 49% indicated it not very or of limited use. This was of concern and confirmed by Q7 - The use of other social networking sites.
24% thought ‘Making money’ was quite/very useful whereas 76% thought it was not very or of limited use.
21% valued iStadia as very useful or invaluable for ‘Promoting what I do’ with 47% indicating it as not very or of limited use.
Finding new clients was viewed by 14% as very useful or invaluable but 71% thought it was not very or of limited use.
All these aspects are viewed as important by iStadia and there is concern that not enough is understood about winning business and marketing on the one hand and for some eg. in academia (including students) this is viewed as not important. Whether it’s actually making money or enhancing a research reputation, iStadia has significant benefits to offer and getting this message over to members will take on a greater priority.
4.Peer reviewed articles from academic journals are now available on iStadia for around $25 each. Was this considered value for money?
79% thought that this price was either expensive or very expensive.
Some members thought this price was set by iStadia. This is a price imposed upon us by the publisher. iStadia chooses to sell at this price (making nothing) because of the desire to provide knowledge at the lowest reasonable level without making a direct loss.
5.If you disagree with the price, what would you consider reasonable?
The average price suggested was $10.75 (£7.50 or Euros 8).
6.What one thing could we improve to make iStadia better?
There was quite a response to this question.
a) The one thing came out of this more than any other was summed by this range of answers:
• More interactivity
• More interaction between members and interest groups
• Bigger networks
• Contact list of researchers that share the same interests
• More contact between trainers
iStadia has been created for its members and these answers indicated a lack of activity by members themselves. There are elements of interactivity which can be improved by iStadia which we are currently working on but it is members that must provide the activity and content to make it work. Members are in general not pro-active which can be seen by the answers to Q1 and later Q7. iStadia can encourage this and activity will be stepped up to do this but iStadia cant’ actually do it. Bigger networks can be built using iStadia’s contacts importer software or more direct contact between members.
b) Next generation Facebook so more people would use it.
Facebook is huge and social; iStadia is niche, much smaller and knowledge/business oriented. iStadia is financed by the owners and needs input and more paid members to finance some of these measures. It is interesting that using social networking sites are seen by many to be just that, ie. for socialising and used when time is available. This view seems to prevail when it comes to business which indicates that digital marketing is not seen as important.
c) Some improvements were called for which are already available on iStadia:
New job vacancies are listed in iStadia announcements/newsletters
Private Clubs – have always been available
And conversely:
Alerts set up but I never get them. The only alerts on iStadia are for article, blog, forum and iStadia sitemail notifications which work. Profile changes can be sent to a members network at the members request.
Alerts that relate to members specific interests (including jobs) will be incorporated into our next planned development however.
d) Greater attraction for Joe Blogs athlete
It was unclear what this meant. If this member could provide a bit more info, any constructive suggestion will be considered.
e) Meetings (actual) were suggested (in/near London).
If there were indications of enough demand, meetings could be held (anywhere). If whoever suggested this got something going via a forum or one of the clubs then iStadia would be willing to organise it.
f) Site very busy.
Planned changes to take place over the next two months covering the Homepage and MyStadia should begin to improve this.
g) Brief bio
This is so that members/visitors can see who is contacting them, inviting them to their network etc.
Down for development this year.
h) Courses for India
This is part of a larger discussion to convert actual courses to online courses for availability world wide.
i) And finally a suggestion to make iStadia free with advertising.
iStadia is not big enough to be supported by advertising alone. iStadia needs a revenue stream to fund on-going development which is why we have paid membership and an ecommerce application (shop) in addition to advertising.
7.Which other social networking sites do you use and if so do you use them more than iStadia
Facebook (from a purely social perspective) and Twitter were used more than iStadia. Ecademy, LinkedIn, myspace, Plaxo, Xing and Others were all used less.
What was really surprising was that 69% didn’t use networking sites socially or professionally at all. Around 25% of respondents were from academia (including students) which assuming they don’t ordinarily network still leaves a large number that don’t think it’s important to use at all. The largest number of respondents except for Facebook fell into the ‘Don’t use’ category.
8.Awareness of some of the benefits on iStadia
Awareness was not considered particularly high and will result in greater efforts at making members aware of what iStadia can offer members.
Awareness
Linked content to give page 1 rankings on google etc 64%
Clubs can be used as private work spaces 62%
The ‘News’ sections is available to all members 51%
iStadia’s MarketPlace has an extensive range 47%
Members discounts – MktPlace, ads (inc jobs), courses 40%
Inviting your contacts is easy using our contacts s/ware 23%
The low awareness of iStadia’s invite contacts software was surprising as it’s not only on the Networks pages but shown on a prominent place in MyStadia when members sign in.
Demographics
Interest:
Sport psychology 49%
Coaching 9%
Sports marketing 9%
Other 9%
Strength & cond 7%
Personal training 7%
The remainder at 1.5% each, was made up of biomechanics, IT, other business/management, physio/sports injury and sports medicine
Role:
Practitioner/professional/ 40%
consultant
Academic/researcher 24%
Coach 9%
Manager/executive 9%
Other 8%
Entrepreneur 6%
Athlete 2%
Parent 2%
Country:
UK 55%
USA 13%
Canada 6%
Australia 5%
3%: Malaysia, New Zealand and Portugal
2%: Brazil, Denmark, France, India, Ireland, Sierra Leone and Spain
Gender:
Female 33%
Male 67%
It is recognised that sports psychologists made up a significant majority of the respondents which is to some degree representative of the membership as a whole. This is changing and it is noticeable that some role/disciplines are growing quite rapidly eg. sport marketing, physiotherapy, strength and conditioning, personal fitness and sports medicine.
Keith
Keith Irving
iStadia
The Challenges of Producing Popular Sports Contests: a Comparative Study of Biathlon and Cross-Country Skiing
The International Journal of Sports Marketing & Sponsorship - Volume 10 Number 2The challenges of producing popular sports contests: a comparative study of biathlon and cross-country skiing
by
Harry Arne Solberg, Dag Vidar Hanstad, Kari Steen-Johnsen
Abstract
This paper analyses how different configurations of stakeholders create opportunities for the production of popular TV sports contests. Based on qualitative methodologies, biathlon and cross-country skiing are compared. The paper concludes that the relative success of the International Biathlon Union is due to a favourable network position in relation to stakeholders. By comparison, the International Ski Federation suffers a weak position within a dense stakeholder network.
Click on the following link to get a copy of this article, subscribe or find out more about the International Journal of Sports Marketing & Sponsorship.
© IMR Publications Ltd
Keith
Keith Irving
iStadia
Spectator Motives and Media Consumption Behaviour in Martial Arts
The International Journal of Sports Marketing & Sponsorship - Volume 10 Number 2
An analysis of spectator motives and media consumption behaviour in an individual combat sport: cross-national differences between American and South Korean Mixed Martial Arts fans
by
Seungmo Kim, Damon P.S. Andrew, T. Christopher Greenwell
Abstract
This study compared the motives and media consumption behaviours of American and South Korean spectators of Mixed Martial Arts. Significant cross-national differences were noted in sport interest, vicarious achievement, aesthetics, national pride and violence. Backward regression analyses indicated that sport interest, fighter interest and drama predicted media consumption at the American event, while sport interest, drama and adoration were significant predictors at the Korean event.
Click on the following link to get a copy of this article, subscribe or find out more about the International Journal of Sports Marketing & Sponsorship.
© IMR Publications Ltd
Keith
Keith Irving
iStadia
Communicating with Consumers through Video Games: an Analysis of Brand Development within the Video Gaming Segment of the Sports Industry
The International Journal of Sports Marketing & Sponsorship - Volume 10 Number 2
Communicating with consumers through video games: an analysis of brand development within the video gaming segment of the sports industry
by
Galen Clavio, Patrick M. Kraft, Paul M. Pedersen
Abstract
The PGA Tour/Tiger Woods golf series video game was examined for brand and product placement and found to have 2,100 identifiable brand images, with all but one occurring in the final three years. Brands appearing most frequently included Oakley, Nike, addidas, TW Nike and Tag Heuer. By product category, Nike was leader in equipment (36%) and Oakley in apparel (31%). The results indicate that video games are increasingly seen as viable marketing avenues.
Click on the following link to get a copy of this article, subscribe or find out more about the International Journal of Sports Marketing & Sponsorship.
© IMR Publications Ltd
Keith
Keith Irving
iStadia
Twenty20 Cricket: an Examination of the Critical Success Factors in the Development of the Competition
The International Journal of Sports Marketing & Sponsorship - Volume 10 Number 2
Twenty20 cricket: an examination of the critical success factors in the development of the competition
by
Christopher Hyde, Adrian Pritchard
Abstract
This study examined the Twenty20 cricket competition launched in England and Wales in 2003. The findings identified that the competition has many of the characteristics which current diffusion models believe to be critical success factors. However, most research focused on American and Australian sports, and two key contextual factors are excluded: both timing and weather have been critical factors in the competition’s success.
Click on the following link to get a copy of this article, subscribe or find out more about the International Journal of Sports Marketing & Sponsorship.
© IMR Publications Ltd
Keith
Keith Irving
iStadia
An Analysis of Homogeneity and Heterogeneity of Elite Sports Systems in Six Nations
The International Journal of Sports Marketing & Sponsorship - Volume 10 Number 2
An analysis of homogeneity and heterogeneity of elite sports systems in six nations
by
Veerle De Bosscher, Paul De Knop, Maarten van Bottenburg
Abstract
This study examines the homogeneity and heterogeneity of elite sports development as a consequence of the internationalisation process in six nations (Belgium, Canada, Italy, the Netherlands, Norway and the UK). Nine policy areas or ‘pillars’ identified as important sports policy factors leading to international sporting success are compared. The findings suggest that elite sports policies are becoming increasingly homogeneous, but that there are considerable variations in each of the nine pillars.
Click on the following link to get a copy of this article, subscribe or find out more about the International Journal of Sports Marketing & Sponsorship.
© IMR Publications Ltd
Keith
Keith Irving
iStadia
At the Top of their Game - in Sports Law 4
The following article has been reproduced with permission from the USC Gould School of Law:At the Top of their Game by Maria Iacobo and Gilien Silsby
(USC - the University of Southern California, USA).
This is the third in a series of articles covering successful sports lawyers. This week features Vered Yakovee who runs her own practice in California.
There is no set path to a career in sports law. A high-profile industry, sports spans the globe and legal landscape with increasingly complex and dynamic issues A couple of decades ago, a sports law class offering was a rarity in most law schools, and the American Bar Association’s only sports-related member-group was at its inception.Today, USC’s sports law curriculum is typical of programs around the USA that teach students from multiple-edition sports law textbooks. Not only is the ABA’s sports-related member-group booming, but another national sports lawyers association boasts hosting its 34th consecutive annual meeting in 2008. Breaking into sports law takes more than just being a fan. Legal knowledge and business savvy are required to navigate the multitude of subjects including contracts, torts, real estate, franchising, insurance, global marketing, employment, collective bargaining and intellectual property.
Vered Yakovee
INSURING VICTORY WITH CALCULATED RISKS
Vered Yakovee ’02 asked sports lawyers, including Jim Perzik, that question for years. Most of the time, people were friendly and took the time to tell her how they did it.
Along the way she learned that there was no single answer to her question.
“No two stories are alike,” she says. “If you want to make it happen, you have to be creative. You have to find your own way.” Now, six years after graduating, Yakovee has her own practice with both sports and music clients. She is also editor-in-chief of the American Bar Association (ABA)’s quarterly publication Entertainment & Sports Lawyer, and serves on the governing committee of the ABA Forum on the Entertainment and Sports Industries. And, she did it her own way.
Listening to her heart and volunteering her time are two keys to Yakovee’s success. A life-long athlete, Yakovee knew she wanted her “career to have something to do with sports” when she entered USC Law. She sought out Perzik (see At the Top of their Game - in Sports Law 3) for her law school mentor and developed mentor relationships with others she met by attending the annual Sports Lawyers Association (SLA) conferences. After graduation, she found freelance work in both litigation and sports. A member of Southern California Outrigger Association (SCORA) ocean outrigger teams since college, Yakovee spent her post-grad evenings on the Pacific preparing for weekend races. As a new lawyer, she volunteered to do anything SCORA needed, and was asked to join the executive board as the Insurance Coordinator. Four years later, she had taught herself the ins and outs of insurance coverage as well as risk management, and became SCORA’s vice president for insurance and risk management.
Another volunteer opportunity came up while attending one of the ABA’s Forum on the Entertainment and Sports Industries annual meetings. The editor-in-chief of the group’s quarterly publication asked her to write a four-part series on all legal aspects of big sports event management, and she agreed, “not realizing what a large endeavor it would be while working full time.”
One year later the series, which became eight articles, was complete. “I don’t think he expected me to do as much work as I did,” says Yakovee, who convinced others to contribute sections as well. The work was a good learning experience and one she believes led to her being offered the editor-in-chief position last year. With the insurance background she received from SCORA, Yakovee landed a job at Dickstein Shapiro LLP in Los Angeles. Finding she spent less than half of her time working in sports, Yakovee knew she was not focusing on what she truly wanted to do. Less than two years later, she left and opened her own practice in January 2008.
“It’s kind of courageous and kind of crazy, but I just had to go for it,” she says, laughing in the conference room she shares with other businesses.
Behind her is the Pacific Ocean and fantastic views of boats bobbing in the Marina del Rey harbor.
Yakovee has repeatedly been asked why she wants to work in sports law and warned about the work it would involve. “ ‘The practice of sports law is still the practice of law’ people would tell me,” she says. “ ‘It’s not any different than practicing law in any other industry, and don’t get too excited because it will still entail hard work.’ ” She concedes that may be true to some extent, but not altogether. “I tried to tell myself that they were right. But, you know what? It is more fun working in sports law. Part of practicing law is applying the law to the facts. And, if the facts consist of fun stuff that you would read about in Sports Illustrated or someplace else in your free time, then it is more fun. If you’re an athlete and you love sports, then it’s just more fun to work with a sports client. So, I think what I was told was not altogether true. It’s definitely more fun.” Yakovee is working hard, however, to have her fun. She recently signed on as general counsel for the inaugural U.S. Sports Film Festival to be held October 2008. She will handle some of the festival’s risk management and also organize its continuing legal education program for sports and entertainment lawyers. In addition, her practice has grown beyond insurance coverage to include corporate and other work; her clients include a major rock band, a Heisman Trophy winner, a music festival and a small recording studio. Grateful for the time and encouragement that others give her, Yakovee pays it forward by speaking to students at local law schools.
She has also offered a few students editing and writing roles with Entertainment & Sports Lawyer.
Recently, Perzik called to ask her thoughts on a contract he was working with. “He asked me a substantive insurance question,” says Yakovee, half in amazement. “I don’t know if he knows how much that made my day. It really marked a coming-of-age moment for me.” Running a business has been both exciting and time-consuming. With her office just a short walk from her SCORA team’s launch point, Yakovee remains on the team, though she has transitioned out of her insurance role.
And although Yakovee won’t say where she would like to be at the height of her career, one thing she’s learned is that there isn’t an established road to get there.
“I have an ultimate goal,” she says. “I know it’s among the stars and it may be too much for me to reach for. But, I feel like I have to try. Even if I don’t reach the stars, I’ll have had an enjoyable journey, and I may land on the moon to find I like that just as well.”
Keith
Keith Irving
iStadia
The International Trade of Players in European Club Football: Consequences for National Teams
The International Journal of Sports Marketing & Sponsorship - Volume 10 Number 1
The International Trade of Players in European Club Football: Consequences for National Teams
by
Harry Arne Solberg, Trondheim Business School
Kjetil K. Haugen, Department of Economics, Molde University College
Abstract
The international trade of players in European club football does not seem to have had any negative effects on the national teams in the major leagues. Data presented in this article indicate a potentially positive effect for England and no effect for Spain, Italy and Germany. Contrary to this, the national teams in Norway, Greece and France seem to have benefited from exporting players to leagues of better quality than their own domestic leagues.
To get a copy of this article, subscribe or find out more about the International Journal of Sports Marketing & Sponsorship.
© IMR Publications Ltd
Keith
Keith Irving
iStadia
Sports Sponsorship as a Strategic Investment in China: Perceived Risks and Benefits by Corporate Sponsors prior to the Beijing 2008 Olympics
The International Journal of Sports Marketing & Sponsorship - Volume 10 Number 1
Sports Sponsorship as a Strategic Investment in China: Perceived Risks and Benefits by Corporate Sponsors prior to the Beijing 2008 Olympics
by
Xinquan Sheena Yang, PhD candidate, The University of British Columbia
Robert Sparks, Associate Professor and Director of School of Human Kinetics, The University of British Columbia
Ming Li, Professor, Director of the School of Recreation and Sport Sciences, Ohio University
Abstract
The purpose of this study is to examine the application of sports sponsorship in China, particularly to gain some understanding of the benefits as perceived by corporate sponsors. In-depth interviews were conducted with 19 sports sponsorship experts in China. The results provide insights into how sports sponsorship works in this emerging market.
To get a copy of this article, subscribe or find out more about the International Journal of Sports Marketing & Sponsorship.
© IMR Publications Ltd
Keith
Keith Irving
iStadia
